Faustina Pipe Line Co. v. Hebert

469 So. 2d 483
CourtLouisiana Court of Appeal
DecidedMay 15, 1985
Docket84-459, 84-460
StatusPublished
Cited by13 cases

This text of 469 So. 2d 483 (Faustina Pipe Line Co. v. Hebert) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Faustina Pipe Line Co. v. Hebert, 469 So. 2d 483 (La. Ct. App. 1985).

Opinion

469 So.2d 483 (1985)

FAUSTINA PIPE LINE COMPANY, Plaintiff-Appellant,
v.
John Austin HEBERT, Annabelle Hebert Sonnier, et al., Defendants-Appellees.
FAUSTINA PIPE LINE COMPANY, Plaintiff-Appellant,
v.
Percy HEBERT, et al., Defendants-Appellees.

Nos. 84-459, 84-460.

Court of Appeal of Louisiana, Third Circuit.

May 15, 1985.

*485 Charles R. Sonnier of Sonnier and Hebert, Abbeville, Elizabeth Hastings, Lafayette, for plaintiff-appellant.

Kenneth G. Miller and Thomas J. Miller, Diane Sorola, Lafayette, for defendants-appellees.

Before STOKER, LABORDE and KING, JJ.

LABORDE, Judge.

In these consolidated appeals from two pipeline expropriation trials, we affirm the lower court's awards for the taking of private property and for severance damages.

Plaintiff-appellant Faustina Pipeline Company (Faustina) operates pipelines which provide natural gas to the general public. The current proceedings stem from Faustina's acquisition of a pipeline right-of-way across tracts of private property in the *486 southern part of Lafayette Parish. In both cases that we consider today, defendant landowners granted Faustina the right-of-way sought, and the only question litigated at the trials was just compensation for the landowners. Although the relevant facts and law necessary for the disposition of these two cases overlap to a great extent, certain issues peculiar to each case render it more convenient for this court to discuss each case in separate sections.

NUMBER 84-459

In this suit, Faustina and defendants-appellees Annabelle Hebert Sonnier, John Austin Hebert, et al (landowners), contested both compensation for the expropriated property and severance damages to the remaining property.

The landowners' property is an approximately forty acre tract in rural Lafayette Parish, just outside of the town of Youngsville. The land is currently under an agricultural lease, and has been farmed to produce soybeans. The land seldom floods, and has been a homesite in the past. Approximately eight hundred feet of the tract fronts on a two-lane blacktopped road.

At trial, the judge decided that the highest and best use of the land is for rural residential homesites. The trial judge set the value of the land at $7,250 per acre. For the taking of an approximately .59 acre strip of the land as a right-of-way, the trial judge set compensation at $3,442, which takes into account Faustina's expert testimony that eighty percent of the use of the right-of-way strip will be lost to the landowner.[1] The trial judge set severance damages to the remainder of the property at $8,600, and he also awarded $5,000 encasement costs for one street to cross the pipeline.

On appeal, Faustina claims that the trial judge erred as follows:

(1) The judge erred by giving more weight to the testimony of landowners' experts than to Faustina's experts.
(2) The judge erred by finding that rural residential homesites is the highest and best use of the land.
(3) The judge erred by awarding severance damages.
(4) The judge erred by awarding encasement costs.

We will separately discuss these assignments of error.

(1) The Experts

Faustina claims that its expert appraisal and expropriation witnesses are more "expert" or qualified than the landowners' corresponding experts. Therefore, Faustina contends, the trial judge should have ignored the testimony of the landowners' experts and accepted Faustina's experts' opinions on the highest and best use of the land, severance damages, etc.

We will not list the many qualifications of the witnesses tendered to and accepted by the trial judge as "expert" in this case. We are impressed by the various professional memberships and experience of Faustina's experts, as well as their laudable achievements in specialized education and training. However, the landowners' experts also have suitable experience, education, and training to qualify as experts for the factual valuation and damage issues presented by this case. The trial judge specifically noted that one of the landowners' experts is only qualified to appraise real estate, and he limited his consideration of that expert's testimony accordingly.

The determination of whether a witness is qualified to testify as an expert rests within the sound discretion of the trial judge. Catalanotto v. Hebert, 347 So.2d 301, 303 (La.App. 4th Cir.1977); Carvell v. Winn, 154 So.2d 788, 790 (La.App.3d Cir.), writ denied, 245 La. 61, 156 So.2d 603 (1963). The trial judge did not abuse his discretion by accepting the landowners' opinion witnesses as qualified experts. Further, even though the landowners' experts' lists of professional achievements *487 and recognition are arguably less impressive (and certainly less lengthy) than the laurels gathered by Faustina's experts, this alone does not mean that the testimony of Faustina's experts is entitled to more weight than that of the landowners' experts. If an expert is qualified to testify at all, the weight of that expert's testimony, like all testimony, depends on the fact-finder's assessment of its logic, consistency, reasonableness, and credibility. It is distinctly within the province of the trial fact-finder (here, the trial judge) to assess the credibility of expert witnesses and the weight to be assigned to their testimony. See, e.g., Acadian Heritage Realty v. City of Lafayette, 434 So.2d 182, 189 (La.App.3d Cir.), writ denied, 440 So.2d 733 (La.1983); Smith v. Lumbermen's Mut. Cas. Co., 414 So.2d 1281, 1283 (La.App.3d Cir.), writ denied, 417 So.2d 367 (La.1982). The evaluation of and conclusions drawn from competing expert testimony will not be disturbed on appeal in the absence of manifest error. Smith, 414 So.2d at 1283. We examine the testimony of the expert witness to determine whether any factual conclusions drawn from that testimony are manifestly erroneous; our consideration of the qualifications of the source of that testimony (i.e., the credentials of the witness) extends only to whether the trial judge abused his discretion by accepting the testifying witness as an expert.

The trial judge did not err by accepting the witnesses so tendered by the landowners as experts. The absence or presence of manifest error in any factual conclusions drawn by the trial judge at least in part from the opinions of those experts remains to be considered.

(2) Highest and Best Use

Faustina claims that the trial judge erred by concluding that the highest and best use of the entire tract of land is for rural residential homesites. Faustina urges this court to set aside this factual conclusion of the trial judge, and to adopt the opinion of either one of its two experts.

One of Faustina's experts testified that rural residential homesites represents the highest and best use of the land to the depth of about seven hundred feet from the road frontage, and the balance of the land is best suited for agricultural purposes. Thus, this expert testified that about one-third of the land is suited for residential purposes. The opinion of Faustina's other expert limited rural residential usage to a depth of about two hundred and fifty feet from the frontage road, with the balance of the tract best suited for agriculture. The landowners' experts opined that the entire tract's highest and best use is for rural residential homesites.

"Highest and best use" is a valuation procedure that sets the expropriation value of land.

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